It shall be unlawful for any person to place, construct or maintain
any article or thing that shall overhang any sidewalk except with
a clearance of at least eight feet above the surface of the sidewalk.
It shall be unlawful for any person hereafter to construct or
place any gasoline or oil tank or pump upon or beneath any sidewalk
or curb within the Borough of Mount Holly Springs.
It shall be unlawful for any person to obstruct any sidewalk
or curb by placing thereon any goods, wares or merchandise, or any
stand, table or container therefor. Provided: nothing in this section
shall apply to:
A. Goods, wares and merchandise while in the actual process of being
loaded or unloaded;
B. Refuse in proper container placed at the curb for collection as authorized
by the Borough.
Within 24 hours after notice from the Borough Council to do
so, the owner of any premises abutting upon a sidewalk whereon or
whereover any article or thing, gasoline or oil tank or pump, goods,
wares or merchandise shall be constructed, placed or maintained in
violation of any of the provisions of this article, shall remove such
obstruction or encroachment, in default of which the Borough Council
may cause the same to be removed and shall thereupon collect the cost
of such removal, with an additional amount of 10% from such property
owner in default.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Cumberland County. Provided further: the penalty imposed under this section may be in addition to the cost of removal of an obstruction or encroachment, and an additional amount of 10%, as authorized by §
446-28 of this article.